34A-10-2.5. Failure to comply with order--Injunctive relief.
The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority to issue such order by virtue of this title, Title 45, or Title 46. The court to which the department applies for an injunction may issue a temporary injunction, if it finds there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.
Source: SL 1989, ch 306, §72; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2011, ch 165, §139; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 34A - Environmental Protection
Chapter 10 - Remedies For Protection Of Environment
Section 34A-10-1 - Parties entitled to maintain actions against pollution.
Section 34A-10-2 - Parties entitled to intervene in proceedings involving pollution.
Section 34A-10-2.2 - Right and title in bond or security--Form and amount.
Section 34A-10-2.3 - Cleanup and remediation of environmental problems--Use of security.
Section 34A-10-2.5 - Failure to comply with order--Injunctive relief.
Section 34A-10-3 - Security required of plaintiff.
Section 34A-10-4 - Appointment of master or referee--Qualifications.
Section 34A-10-6 - Judicial review by court originally taking jurisdiction.
Section 34A-10-7 - Adjudication by court after administrative proceedings--Additional evidence.
Section 34A-10-8 - Detrimental conduct prohibited when reasonable alternative available.
Section 34A-10-9 - Defendant rebutting evidence of pollution.
Section 34A-10-11 - Equitable relief against detrimental conduct--Conditions imposed on defendant.
Section 34A-10-12 - Apportionment of costs.
Section 34A-10-13 - Collateral estoppel--Res judicata.
Section 34A-10-14 - Chapter supplementary to other procedures.
Section 34A-10-15 - Citation of chapter.
Section 34A-10-16 - Enforcement action by department.
Section 34A-10-17 - Obtaining voluntary compliance--Administrative settlement agreements.